The Estate of Abraham J. Howlin

• Jurisdiction: Ireland
• Judge: Land Com.
• Judgment Date: 06 March 1906
• Court: Land Commission (Ireland)
• Date: 06 March 1906

In the Matter of the Estate of Abraham J. Howlin (1).

Land Com.

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1906.

Land Purchase Acts — Irish Land Act, 1903, sect. 48, sub-sect. 4 — Undivided moiety of estate insolvent; life estate of vendor in other undivided moiety insolvent, but remainder expectant thereon solvent — Bonus.

Held, that the case did not come within the provisions of sub-section 4 of section 48, and, accordingly, that the bonus was payable.

Application for an order declaring that percentage mentioned in section 48 of the Irish Land Act, 1903, was payable in respect of the estate sold in this matter.

John Howlin, the predecessor in title of the vendor, died in 1857, having by his will, which was duly proved, devised all his property, which included, inter alia, the lands sold in this matter, to his son, the vendor, and to his daughter Diana Maria Howlin, share and share alike, subject to certain conditions which, so far as were material, were that in the event of the said Diana Maria Howlin dying without issue or unmarried, the moiety so devised to her should go over to the vendor.

By indenture of marriage settlement, dated February 11th, 1862, and made on the occasion of the marriage of the vendor with Mary Howlin, the vendor granted his undivided moiety in the said lands to Crosbie W. Harvey and Edward Lloyd, the trustees therein named, and their heirs, to hold after the solemnization of the said marriage to the use of the vendor and his assigns during his life, with remainder to the said Mary Howlin and the issue of the marriage, as by the said indenture provided, with ultimate

remainder to the vendor in fee-simple. The said Diana Maria Denny, otherwise Howlin, died on May 11th, 1901, without issue. In 1902, a petition was presented for the sale of the said lands, and on February 10th, 1902, an order for sale was made thereon. On March 28th, 1902, an order was made in the Land Judge's matter declaring that the estate of the said Diana Maria Denny, otherwise Howlin, had determined, and that the gift over to the vendor had taken effect. On July 13th, 1903, an order was made staying the proceedings for sale in the Land Judge's Court, in order to enable the vendor to negotiate with the tenants with a view to a sale to them under the Land Purchase Acts. The sale to the tenants was subsequently carried out by the vendor under the provisions of the Irish Land Act, 1903. At the time of sale the vendor was not entitled to receive for his own use any part of the rents and...